Allegation - Law Dictionary Search Results
Jeofails, Statutes of
when a pleader in the old days of oral pleading perceived any slip in the form of his allegation, he acknowledged the error by the expression j'ay faille (I have made a slip), and under these statutes
Malicious prosecution
or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is
Allegatio contra factum non est admittenda
Allegatio contra factum non est admittenda [Lat.], An allegation contrary to a deed is not admissible.
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Plead
Plead, to make an allegation in a cause; also to argue a cause in Court.
Profert in curi'
of oral pleading, was of course an actual production in court. Since then it consisted of a formal allegation that he showed the deed in Court, it being, in fact, retained in his own custody. See OYER.
Qu' est eadem
the supposed trespasses mentioned in the plea were the same as those whereof the plaintiff had complained. This allegation was usually termed qu' est eadem. It was equivalent to a traverse of the time and place named
Stigma
the character or reputation of the employee and, therefore, this Court correctly held in Chandu Lal case that allegation of loss of confidence amounted to a stigma. The ratio in Jagdish Mitter case also supports this conclusion,
Trover
the defendant, but it was in course of time allowed to be brought as above upon a fictitious allegation of the finding not required to be proved, but not formally abolished until 1852, by the C.L.P. Act,
Undue influence
wills, the onus is shifted and the person alleging undue influence is called upon for proof of the allegation. For the general law on the subject, see Allcard v. Skinner, (1881) 36 Ch D 145; Low v.
Vagueness
which is such that it is not possible for the detenu to clearly understand what exactly is the allegation against him, and he is thereby prevented from making an effective representation, it does not require much argument
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